Animal Welfare Regulations 2018

The regulations

The Animal Welfare (Licensing of Activities Involving Animals)(England) Regulations 2018 came into force on 1 October 2018. The Regulations are made under powers contained in the Animal Welfare Act 2006 and requires that any person wishing to carry out the activities listed on this page in the course of a business must obtain a licence from the local authority where their premises are situated.

Activities to be licensed

You must obtain a licence for the following activities:

These requirements replace the requirement, in England, to be registered under the Performing Animals (Regulation) Act 1925 or obtain a licence under the Pet Animals Act 1951; the Animal Boarding Establishment Act 1963; the Riding Establishments Act 1964 or the Breeding of Dogs Act 1973.

If you carry on any of the above activities in England without a licence you commit an offence and are liable to imprisonment for a term up to six months, a fine or both.

Selling animals as pets

A licence is required if you are selling animals as pets (or with a view to their being later resold as pets) in the course of a business including keeping animals in the course of a business with a view to their being so sold or resold.

This does not include selling animals in the course of an aquacultural production business authorised under Regulation 5(1) of the Aquatic Animal Health (England and Wales) Regulations 2009 or the activity that falls within the definition of breeding of dogs.

Providing or arranging for the provision of boarding for cats or dogs

A licence is required if you are providing or arranging the provision of accommodation for other people’s cats or dogs in the course of a business on any premises where the provision of that accommodation is:

Providing boarding for cats
Providing boarding in kennels for dogs
Providing home boarding for dogs; or
Providing day care for dogs.

This does not include keeping a dog or cat on any premises pursuant to a requirement under the Animal Health Act 1981. Vets that provide accommodation as part of the treatment of animals and businesses that look after a dog or cat within its own home (i.e. dog sitters) do not require a licence

However, businesses which arrange for the provision of accommodation for other people’s cats or dogs must be licenced even if they do not themselves provide boarding; for example, a business which connects pet owners with people/businesses willing to look after the animal.

Hiring out horses

A licence is required if you are hiring out horses in the course of a business for either or both of the following purposes:

Riding
Instruction in riding

This does not include premises used solely for military or police purposes or involving the instruction of students at a university on a course of study and examination leading to a recognised veterinary degree.

Breeding dogs

A licence is required for either or both of the following

Breeding three or more litters of puppies in any 12 months period;
Breeding dogs and advertising a business of selling dogs.

This does not include keeping a dog on any premises pursuant to a requirement under the Animal Health Act 1981; breeding only assistance dogs or dogs intended to be used as assistance dogs within the meaning of S173 of the Equality Act 2010; or breeding three or more litters of puppies in any 12 month period if the person carrying on the activity provides documentary evidence that none of them have been sold (whether as puppies or as adult dogs).

Keeping or training animals for exhibition

A licence is required if you are keeping or training animals for exhibition in the course of a business for educational or entertainment purposes:

To any audience attending in person, or
By the recording of visual images of them by any form of technology that enables the display of such images.

This does not include keeping or training animals solely for military, police or sporting purposes; any activity permitted to operate under a licence to operate a travelling circus; or any activity permitted under a licence for a zoo.

When you cannot apply

You cannot apply for a licence if you have been disqualified under the following legislation:

Welfare of Animals Act (Northern Ireland) 2011
Animal Welfare Act 2006
Animal Health and Welfare (Scotland) Act 2006
Dangerous Dogs Act 1991
Dogs (Northern Ireland) Order 1983
Dangerous Wild Animals Act 1976
Breeding of Dogs Act 1973
Riding Establishments Act 1964
Animal Boarding Establishment Act 1963
Pet Animals Act 1951
Protection of Animals (Amendment) Act 1954
Performing Animals (Regulation) Act 1925
Protection of Animals Act 1911

Or had a licence revoked under:

The Animal Welfare (Licensing of Activities Involving Animals (England) Regulations 2018
Animal Welfare (Breeding of Dogs)(Wales) Regulations 2014
Welfare of Wild Animals in Travelling Circuses(England) Regulations 2012
Welfare of Racing Greyhounds Regulations 2010

Make an application

Before considering an application a suitably qualified officer or veterinarian appointed by the Local Authority must carry out an inspection. Your licence will be granted or renewed if:

You have demonstrated that you are meeting or are capable of meeting the licence conditions, see below;
The appropriate fee has been paid; and
The grant or renewal is appropriate having taken into account the report received from the appointed qualified officer.

There are a set of general conditions that apply to all licences and a set of specific conditions that apply to specific animal activity. It is necessary to comply with both sets of conditions.

An inspection of the premises will take place. Our inspections will be carried out by the City of London Animal Health inspectors, who will contact you to arrange a visit.

If you have a current licence under one of the above activities, you will need to apply for a licence under the new regulations when it expires.

The regulations and guidance notes regarding these conditions are available below.

Guidance

Before you submit your application view:

Animal activities licensing: statutory guidance for local authorities

Application form

Animal welfare regulations licence application form (pdf, 540 KB)

Length of a Licence and Star Rating

Your licence will be issued for one, two or three years based on a risk assessment system (with the exception of Keeping or Training Animals for Exhibition where all licences are issued for three years). The length of the licence will depend on the assessed star rating.

Star rating

We will first determine whether your activity is low or high risk based on elements such as past compliance, complaint history, appreciation of animal welfare standards, appreciation of hazards/risks and welfare management procedures.

We will then decide on the start rating, ranging from 1 to 5 stars. The star rating is based on:

Whether your business is determined to be high or low risk; and
Following the inspection, whether you meet the minimum standards laid down in the legislation, whether you achieve the higher standards laid down in the DEFRA Guidance, or whether you are failing to meet minimum standards in one or two areas.

Your licence will indicate the star rating awarded as well as stating the length of the licence. This information will be publicly available, either by being published on our website or through a direct enquiry to us. In addition, you must clearly display your licence on your premises.

Appeals process for animal licensing ratings

Businesses may challenge the star rating issued by the Council for licences under the Animal Welfare Regulations 2018. The appeal procedure is relevant where any business wishes to dispute the star rating given as not reflecting the animal welfare standards and risk level of their business at the time of inspection.

If a business wishes to appeal the rating issued by the Council, the appeal should be made in writing to the licensing authority:

Licensing & Trading Standards Team Leader (Licensing Lead)
Richmond Council Licensing c/o
Merton Council
Regulatory Services Partnership
Merton Civic Centre
100 London Road
Surrey
SM4 5DX

Or via email at licensing@merton.gov.uk

Full details of the appeals process and other relevant documents are attached below:

Suspension, variation, or revocation of a licence

We may vary a licence if you request a variation or we may do it on our own initiative but this can only be done with your consent.

However, we may suspend, vary or revoke a licence without your consent if:

The licence conditions are not being complied with
There has been a breach of the Regulations;
Information that you provided is false or misleading; or
It is necessary to protect the welfare of an animal.

Such action will normally take place within 7 working days after the decision has been given to you unless the reason is to protect the welfare of an animal in which case it may have immediate effect.

Right of appeal

If your licence is refused, revoked or varied you can appeal to the First-tier Tribunal in the General Regulatory Chamber.

You have 28 days to appeal after a notice of our decision has been sent to you. You should use the notice of appeal form and state why you wish to appeal against the decision. You must include the decision notice and any supporting documents and send to:

By email: grc@justice.gov.uk

By post:
General Regulatory Chamber
HM Courts & Tribunals Service
PO Box 9300
Leicester
LE1 8DJ

Telephone: 0300 123 4504

Complaints about a licensed premises

If you have a problem with licensed premises, you should discuss the issues informally with the premises licence holder in the first instance. In many cases they will not be aware of the problem, and this will give them the opportunity to resolve the issues.

If this does not lead to an improvement or if your complaint relates to an unlicensed premises, you should contact us at: